Ontario Labour Relations Board
File No.: 2575-01-R Date: December 14, 2001
Between: Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647, Applicant v. Natrel Inc., Responding Party.
Before: Anthony Brown, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
Decision of the Board
1This is an application for certification.
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the "Act"). Therefore, having regard to the Registrar's certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
3It appears to the Board on an examination of only the information provided in the application and the membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
4The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all Dependent Contractors, Owner Operators, Drivers of Natrel Inc., reporting to or working out of the depots located in Metropolitan Toronto or vicinity, save and except Supervisors and persons above the rank of Supervisor.
5The vote will be held on December 18, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
6All individuals who had an employment relationship with the responding party in the voting constituency on December 11, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on December 11, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
7Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
8The responding party disputes the applicant's estimate of the number of employees in the applicant's proposed bargaining unit. Furthermore, the responding party proposes a different bargaining unit from that proposed by the applicant and it contends that the applicant's bargaining unit could not be appropriate. It gives notice under section 8.1 of the Act.
9The responding party submits that there are no employees in the applicant's proposed bargaining unit. In the alternative, it submits that the bargaining unit description should be as follows:
all dependent contractors of Natrel Inc. based out of the Metropolitan Distribution Centre located at 55 City View Drive, Toronto, Ontario and/or the Don Mills Plant located at 1275 Lawrence Avenue East, Toronto, Ontario and delivering within the Greater Toronto area, save and except supervisors and persons above the rank of supervisor. "Dependent contractors" means agent distributors owning and operating one truck only and, for clarity, does not include any agent distributor who,
(a) regularly employs or engages other persons;
(b) utilizes a second truck for a period of three consecutive months, at which point he or she will no longer be in the bargaining unit; or
(c) amongst Natrel-related activity based in the Greater Toronto Area, has greater than 10% buy-sell volume business.
The responding also asserts that there are no employees in this bargaining unit.
10Ballots cast by individuals in the voting constituency who assert that they are dependent contractors who come within the responding party's proposed bargaining unit description (above) shall be segregated and counted separately from ballots cast by other employees in the voting constituency.
11After comparing the membership evidence provided by the applicant as against the information provided by the responding party, the Board finds that the numerical difference between the parties is not significant. The applicant has established sufficient membership support in its proposed bargaining unit for the purposes of obtaining a representation vote and having that vote counted.
12The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
13Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
14The matter is referred to the Registrar.
"Anthony Brown" for the Board